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<strong>Speech</strong>, <strong>language</strong><br />

<strong>and</strong> <strong>communication</strong><br />

<strong>difficulties</strong><br />

Young people in trouble with the law<br />

April 2011<br />

Contents<br />

Introduction 1<br />

The impact of speech, <strong>language</strong><br />

<strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> 2<br />

Spotting the problem 3<br />

Specific <strong>language</strong> impairment 3<br />

Learning disability 4<br />

Learning difficulty 4<br />

<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong><br />

<strong>difficulties</strong> 4<br />

The extent of the problem 5<br />

Young people in custody 5<br />

Young people on community orders 5<br />

Engaging with a YOT 6<br />

Developments 9<br />

The Communication Trust 9<br />

Assessing need 9<br />

<strong>Speech</strong> <strong>and</strong> <strong>language</strong> therapy in YOTs 10<br />

Conclusion 10<br />

Introduction<br />

<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong><br />

experienced by <strong>young</strong> people in trouble with the law<br />

have historically been somewhat overlooked. But in<br />

recent times, a number of research reports <strong>and</strong><br />

initiatives have highlighted these <strong>difficulties</strong> as a<br />

significant area of unmet need, whilst also noting that<br />

they may be more prevalent in the offending population<br />

than the general population. 1<br />

<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> are<br />

not always easily identifiable. Nor are there systematic<br />

processes in the youth justice system for identifying<br />

such problems.<br />

The Royal College of <strong>Speech</strong> <strong>and</strong> Language Therapists<br />

is currently conducting a campaign called ‘Locked up<br />

<strong>and</strong> locked out: <strong>communication</strong> is the key’ 2 highlighting<br />

the impact of speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong><br />

<strong>difficulties</strong> on those who offend. It emphasises the<br />

importance of identifying speech, <strong>language</strong> <strong>and</strong><br />

<strong>communication</strong> <strong>difficulties</strong> amongst children <strong>and</strong> <strong>young</strong><br />

people in contact with the youth justice system early<br />

on <strong>and</strong> addressing them through specialist support to<br />

help prevent further antisocial <strong>and</strong> offending behaviour.<br />

<strong>Nacro</strong><br />

Park Place, 10-12 Lawn Lane<br />

London SW8 1UD<br />

www.nacro.org.uk<br />

Registered charity 226171<br />

This briefing paper will outline some of the practical<br />

problems surrounding the identification <strong>and</strong> treatment<br />

of speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> in<br />

<strong>young</strong> people in trouble with the law, consider how<br />

youth offending teams (YOTs) can best support <strong>young</strong><br />

people with these needs, as well as take a look at<br />

some new developments in this area.


2 <strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law<br />

The impact of speech, <strong>language</strong> <strong>and</strong><br />

<strong>communication</strong> <strong>difficulties</strong><br />

Young people with speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> needs have poor conversational<br />

skills, poor non-verbal skills <strong>and</strong> poor social perception, all of which can hinder their ability to<br />

form friendships with their peers <strong>and</strong> may lead to them becoming marginalised. 3 Those who<br />

become isolated in this way often experience anxiety <strong>and</strong> depression which can affect their<br />

mental health. 4 These problems can become exacerbated with age if they remain unidentified<br />

<strong>and</strong> untreated, <strong>and</strong> are likely to result in poorer outcomes for the individuals concerned. 5<br />

<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> can erode self-esteem <strong>and</strong> affect educational<br />

achievement, social integration <strong>and</strong> general behaviour. 6 In addition, they increase the<br />

probability of offending behaviour <strong>and</strong> early disengagement from school 7 (children with these<br />

problems are much less likely to continue in education beyond 16 years of age). 8 The Prison<br />

Reform Trust also advises that there is a risk of continued offending behaviour by those with<br />

learning <strong>difficulties</strong> <strong>and</strong> learning disabilities where those needs remain unidentified, <strong>and</strong><br />

indicate that a lack of support <strong>and</strong> services could be a contributory factor in reoffending. 9<br />

Whilst not directly focused on those with speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> needs, Lord<br />

Bradley’s 2009 review of people with learning disabilities <strong>and</strong> mental health problems in the<br />

criminal justice system stressed the importance of early identification, intervention <strong>and</strong> support<br />

at various stages in the criminal justice process: arrest <strong>and</strong> prosecution; appearance in court;<br />

placement on a community order; placement in secure accommodation; <strong>and</strong> during<br />

resettlement. 10<br />

Once in the youth justice system, <strong>young</strong> people with speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong><br />

needs can experience <strong>difficulties</strong> with processes that require the ability to underst<strong>and</strong> <strong>and</strong><br />

process often complex information in stressful circumstances. They need to underst<strong>and</strong> the<br />

processes they are subject to, to be able to communicate proficiently with a wide range of<br />

individuals at different stages <strong>and</strong> to interact. All of this requires the ability to listen, underst<strong>and</strong>,<br />

process conversation <strong>and</strong> formulate ideas <strong>and</strong> experiences into words. 11 Those with speech,<br />

<strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> are clearly at a disadvantage if they lack the requisite<br />

skills to fully comprehend what is happening or to express themselves clearly. Research by<br />

Humber <strong>and</strong> Snow has found that amongst those with speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong><br />

<strong>difficulties</strong>, the ability to provide narrative information in a logical <strong>and</strong> sequential manner was<br />

frequently lacking – skills that are required particularly in police interviews <strong>and</strong> court<br />

processes. This inability can also make <strong>young</strong> people more vulnerable because their level of<br />

engagement may be misinterpreted as boredom, evasion or resistance <strong>and</strong> general lack of<br />

co-operation when, in fact, the opposite may be true. 12 Additionally, <strong>young</strong> people can become<br />

proficient in covering up their speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> problems by avoiding<br />

engagement or being disruptive since this serves to distract attention from their <strong>difficulties</strong>. 13<br />

<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> problems can also mean that <strong>young</strong> people are unable<br />

to grasp the jargon, abstract <strong>language</strong> <strong>and</strong> complex terminology frequently used by<br />

professionals in a variety of criminal justice settings. Bradford YOT carried out some research


<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law 3<br />

in which a group of <strong>young</strong> people were asked to discuss 37 words they were likely to hear in<br />

court. The results showed poor recognition <strong>and</strong> explanation of commonly used words like<br />

‘offence’, ‘comply’, ‘breach’, ‘conviction’, ‘alleged’ <strong>and</strong> ‘magistrate’, <strong>and</strong> all of the <strong>young</strong> people<br />

indicated that they struggled to underst<strong>and</strong> <strong>language</strong> in court. Crawford <strong>and</strong> Bull advise that<br />

a <strong>language</strong> comprehension assessment is vital – not just for witnesses but also for <strong>young</strong><br />

defendants – to gauge what they know <strong>and</strong> underst<strong>and</strong> about court <strong>and</strong> the words used<br />

since lack of comprehension can acutely affect outcomes, a finding of guilt or innocence,<br />

<strong>and</strong> the sentence received. 14<br />

Whilst the research cited above relates to court vocabulary, the words described are not<br />

significantly different from those which may be used at a police station or when engaging with<br />

a <strong>young</strong> person in a YOT or in the secure estate. If <strong>young</strong> people are unable to comprehend<br />

<strong>and</strong> respond to information which is being provided to them or requested of them, this could<br />

lead to criminal justice outcomes which are more negative than might otherwise be the case.<br />

Spotting the problem<br />

<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> are not always easily identifiable. Firstly,<br />

they can masquerade as other conditions. Those with comprehension <strong>and</strong> personal<br />

expression <strong>difficulties</strong> can develop behavioural issues because of a sense of frustration at<br />

being unable to express themselves clearly or to be properly understood (particularly where<br />

their <strong>difficulties</strong> are hidden or unidentified). Consequently, <strong>communication</strong> problems are<br />

sometimes interpreted as behavioural problems when they are not. 15 Secondly,<br />

<strong>communication</strong> <strong>difficulties</strong> are sometimes grouped together with learning <strong>difficulties</strong> <strong>and</strong>,<br />

whilst they can sometimes be associated, speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> problems<br />

are not necessarily indicative of a learning difficulty or learning disability. 16<br />

Given the confusion that exists in this area it may be instructive to briefly examine what the<br />

terms ‘specific <strong>language</strong> impairment’, ‘learning disability’ <strong>and</strong> ‘learning difficulty’ encompass<br />

in order to gain an underst<strong>and</strong>ing of how they differ from speech, <strong>language</strong> <strong>and</strong><br />

<strong>communication</strong> <strong>difficulties</strong>.<br />

Specific <strong>language</strong> impairment<br />

A specific <strong>language</strong> impairment is, according to the definition from I CAN, 17 a <strong>language</strong><br />

difficulty that is not caused by ‘any known neurological, sensory, intellectual or emotional deficit.<br />

It can affect the development of any aspect of <strong>language</strong>, eg, vocabulary, grammar <strong>and</strong><br />

discourse skills’. It is described as a very broad category, with some children <strong>and</strong> <strong>young</strong><br />

people having mild <strong>and</strong> transient expressive problems <strong>and</strong> others having severe <strong>and</strong><br />

persistent <strong>difficulties</strong> with both receptive <strong>and</strong> expressive <strong>language</strong>. Stammering, for example,<br />

is a specific <strong>language</strong> impairment. Specific <strong>language</strong> impairments should be distinguished<br />

from other speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> needs which are reflected in poor speech<br />

<strong>and</strong> <strong>language</strong> skills (compared to other children of the same age) <strong>and</strong> which can be<br />

addressed with the right support. I CAN also advises that speech, <strong>language</strong> <strong>and</strong><br />

<strong>communication</strong> <strong>difficulties</strong> can relate to (or emerge from) other underlying impairments such<br />

as a hearing impairment, general learning <strong>difficulties</strong> or autistic spectrum disorders.


4 <strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law<br />

Learning disability<br />

The British Institute of Learning Disabilities refers to the World Health Organisation’s<br />

definition of a learning disability as ‘a state of arrested or incomplete development of mind’,<br />

adding that someone with a learning difficulty can have ‘significant impairment of adaptive/<br />

social functioning’. 18 The British Psychological Society identifies that there are three core<br />

criteria which must be met before a person will be considered to have a learning disability: 19<br />

• Significant impairment of intellectual functioning (the ability to underst<strong>and</strong> new or<br />

complex information).<br />

• Significant impairment of adaptive/social functioning.<br />

• Onset before adulthood (ie, problems are not acquired with maturity).<br />

Research undertaken by the Prison Reform Trust advises that a learning disability is defined<br />

in diagnostic terms as an IQ below 70. 20 Those with a learning disability will have problems<br />

processing verbal <strong>and</strong> non-verbal information. This can be apparent in <strong>difficulties</strong> in<br />

underst<strong>and</strong>ing, learning <strong>and</strong> remembering new things, <strong>and</strong> adapting learning to new situations.<br />

Learning difficulty<br />

It should be noted that there is no single definition of a learning difficulty, but problems may<br />

be evident in an inability to learn, to get on with others or to follow rules. 21 Dyslexia, for<br />

example, is a learning difficulty.<br />

<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong><br />

According to the Bercow report, speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> needs ‘encompass a<br />

wide range of <strong>difficulties</strong> related to all aspects of <strong>communication</strong> in children <strong>and</strong> <strong>young</strong><br />

people. They can include <strong>difficulties</strong> with fluency, forming sounds <strong>and</strong> words, formulating<br />

sentences, underst<strong>and</strong>ing what others say <strong>and</strong> using <strong>language</strong> socially.’ 22<br />

Problems in speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> may not become apparent until a <strong>young</strong><br />

person falls behind his or her peers in <strong>language</strong> development, 23 but these problems are not<br />

always picked up in school <strong>and</strong> may be even more difficult to identify if the <strong>young</strong> person<br />

disengages from school. The Communication Trust advises that <strong>young</strong> people’s needs may<br />

be evident if they are manifesting any of the following: <strong>difficulties</strong> conversing with others;<br />

being unable to say what they want; having difficulty processing what is being said to them;<br />

or not underst<strong>and</strong>ing social rules. 24 They may also show signs of poor social <strong>and</strong><br />

conversational skills, poor organisational skills, unclear speech, poor <strong>language</strong> skills, a lack<br />

of underst<strong>and</strong>ing, poor number skills, <strong>and</strong> poor reading <strong>and</strong> writing skills. The Royal College<br />

of <strong>Speech</strong> <strong>and</strong> Language Therapists’ briefing, Speaking Out, indicates that <strong>young</strong> people<br />

with <strong>communication</strong> <strong>difficulties</strong> have problems with the following key competencies: 25<br />

• Articulation: the ability for an individual to express himself or herself effectively through<br />

speaking, writing or non-verbal <strong>communication</strong>.<br />

• Perception: being able to recognise <strong>and</strong> underst<strong>and</strong> the spoken or written word, body<br />

<strong>language</strong> <strong>and</strong> facial expressions.<br />

• Listening skills: the ability to listen carefully to what is being said.


<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law 5<br />

• Recall: being capable of remembering information that has previously been given.<br />

• Expression: being competent at expressing feelings <strong>and</strong> emotions in an acceptable manner.<br />

• Interaction: the capacity to relate to others in a socially acceptable manner plays a pivotal<br />

role in promoting social integration.<br />

The extent of the problem<br />

There does not appear to be a commonly agreed figure of the percentage of the general<br />

population with speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> needs. 26 Equally, the exact proportion<br />

of <strong>young</strong> people with speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> in Engl<strong>and</strong> <strong>and</strong> Wales<br />

in contact with the criminal justice system is unknown. An evaluation of the YOT assessment<br />

tool, Asset, indicated that of 3,395 <strong>young</strong> people in contact with youth justice teams, a<br />

quarter had special needs (with just over 60% of these in possession of a statement of<br />

educational need), 27% had literacy <strong>and</strong> numeracy needs, 26% had unspecified problems<br />

<strong>and</strong> 42% showed indications of under-achievement. 27 Any of these factors could be<br />

indicative of an unidentified speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> need.<br />

Most studies conducted to date have been small-scale so it is difficult to establish if they<br />

over or underestimate the extent of the problem, although the consensus appears to be that<br />

the prevalence of speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> amongst the offending<br />

population is significantly greater than amongst the general population.<br />

Young people in custody<br />

A 2007 study into the prevalence of speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> amongst<br />

<strong>young</strong> people in secure accommodation found that over two thirds had below average<br />

<strong>language</strong> skills, <strong>and</strong> 33% had poor literacy skills <strong>and</strong> were not able to read to a st<strong>and</strong>ard<br />

appropriate for their age. 28 The study found that because their grasp of vocabulary <strong>and</strong> grammar<br />

was more limited than that of the typical adolescent population, they may not have been able<br />

to cope with ‘verbally mediated interventions’ aimed at reducing their likelihood of reoffending.<br />

Whilst the Youth Justice Board (YJB) has not specifically commissioned research into this<br />

area, there is some resonance between the aforementioned study <strong>and</strong> research the YJB<br />

conducted into the mental health needs of <strong>young</strong> people in custody <strong>and</strong> the community in<br />

2005. 29 Three hundred <strong>and</strong> one <strong>young</strong> people were interviewed – 151 in secure facilities <strong>and</strong><br />

150 in the community. Of these, 23% were described as meeting the criteria for a learning<br />

disability (as they had an IQ of less than 70) whilst a third of the study sample had borderline<br />

learning <strong>difficulties</strong>. Three quarters of the <strong>young</strong> people in the study had been temporarily or<br />

permanently excluded from school <strong>and</strong> over three quarters had a reading age <strong>and</strong> reading<br />

comprehension age below their chronological age <strong>and</strong> well below the mean chronological<br />

age of the population sampled (16 years old). 30 Problems in relationships with family <strong>and</strong><br />

peers were also appreciably evident.<br />

Young people on community orders<br />

Bradford YOT conducted research to identify <strong>young</strong> people with <strong>communication</strong> needs on a<br />

six-month pilot project for whom a speech <strong>and</strong> <strong>language</strong> assessment could be carried out. It


6 <strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law<br />

estimated that 40-60% of the project caseload had <strong>communication</strong> <strong>difficulties</strong>, using the<br />

following criteria to identify <strong>communication</strong> needs: poor <strong>communication</strong> skills; limited<br />

vocabulary; lack of underst<strong>and</strong>ing of the work undertaken; not benefiting from the work<br />

undertaken; <strong>difficulties</strong> with anger management; poor educational attainment (particularly in<br />

relation to literacy); <strong>and</strong> difficulty relating to adults. The research found that 14 of the 19<br />

<strong>young</strong> people were below the average age of development compared to their peers, with<br />

42% of them rated as having severe <strong>communication</strong> <strong>difficulties</strong>. 31<br />

In 2008, Leeds YOT screened 72 <strong>young</strong> people subject to intensive supervision <strong>and</strong><br />

surveillance programmes for <strong>language</strong> <strong>and</strong> <strong>communication</strong> problems with the support of a<br />

speech <strong>and</strong> <strong>language</strong> therapist. 32 Screening included self-assessment by the <strong>young</strong> person,<br />

verbal reasoning <strong>and</strong> a narrative skills task. Where there was evidence of <strong>difficulties</strong>, further<br />

assessments were then undertaken (eg, underst<strong>and</strong>ing of spoken paragraphs, word<br />

associations <strong>and</strong> sentence formulation). Of the <strong>young</strong> people screened: 65% received some<br />

form of <strong>language</strong> <strong>and</strong> <strong>communication</strong> intervention; 20% had very low underst<strong>and</strong>ing of<br />

verbally presented information; 18% had limited vocabulary <strong>and</strong>/or word retrieval <strong>difficulties</strong>;<br />

<strong>and</strong> over 77% had social skills <strong>difficulties</strong> that were noticeable to staff. The majority had<br />

<strong>difficulties</strong> in more than one area <strong>and</strong> although the <strong>young</strong> people often reported that they<br />

found concentrating on spoken information <strong>and</strong>/or explaining events difficult, they did not<br />

tend to consider that they had <strong>communication</strong> problems. Notably, only 8% had had any<br />

previous contact with speech <strong>and</strong> <strong>language</strong> therapy.<br />

Engaging with a YOT<br />

It is vital that a <strong>young</strong> person under YOT supervision is able to underst<strong>and</strong> what is happening<br />

to them <strong>and</strong> what is required of them. They need to be able to grasp the requirements of any<br />

statutory order <strong>and</strong> any conditions that are imposed with it. They need to underst<strong>and</strong> they<br />

will be required to meet <strong>and</strong> work with a range of individuals delivering different interventions.<br />

In addition, they will need to attend appointments at pre-arranged times <strong>and</strong> provide a range<br />

of information about the offence <strong>and</strong> their personal histories for assessments <strong>and</strong> progress<br />

reviews. They may also be required to read <strong>and</strong> underst<strong>and</strong> information relating to some or<br />

all of the above <strong>and</strong> to take part in activities <strong>and</strong> programmes – either alone or with others.<br />

When a <strong>young</strong> person is referred to a YOT, an assessment is carried out using Asset to screen<br />

for any risk factors for antisocial <strong>and</strong> offending behaviour. The assessment process should<br />

provide YOT workers with a good underst<strong>and</strong>ing of the individual’s needs so they can work<br />

with them in the most effective way to address their offending behaviour. However, the ability<br />

of YOTs to assess <strong>and</strong> support <strong>young</strong> people with speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong><br />

<strong>difficulties</strong> is hindered by the fact that staff have generally not had the appropriate training to<br />

identify or work with those with these <strong>difficulties</strong>. Whilst there are local initiatives in some<br />

areas, there is currently no systematic national means of assessing people with speech,<br />

<strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> at the start of their contact with a YOT.<br />

YOT staff typically use a variety of oral <strong>and</strong> written interventions (frequently involving<br />

exercises <strong>and</strong> activities) to help <strong>young</strong> people explore their experiences, their ability to think


<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law 7<br />

about the consequences of their actions <strong>and</strong> to avoid or adjust certain behaviour patterns in<br />

the future. For this engagement to be meaningful <strong>and</strong> participatory, YOT workers must have<br />

the necessary knowledge <strong>and</strong> resources to be able to identify <strong>and</strong> respond to problems<br />

correctly, as well as be aware of other pathways to support <strong>and</strong> assistance.<br />

Given that there is no st<strong>and</strong>ard <strong>and</strong> comprehensive national tool in place to assess needs in<br />

this area, speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> problems can be misinterpreted by YOT<br />

workers as other <strong>difficulties</strong> or as a lack of co-operation. Lack of awareness may also mean<br />

that <strong>young</strong> people are not worked with in a way that is most appropriate to their personal<br />

capabilities. This can have two effects: it can result in staff having lower expectations of what<br />

an individual can achieve; <strong>and</strong> it may also lead to the <strong>young</strong> person having additional<br />

<strong>difficulties</strong> in responding to interventions or adhering to orders. And this can affect outcomes.<br />

The Bercow report described <strong>difficulties</strong> in responding to interventions as being ‘sufficient to<br />

affect their ability to communicate with staff on a day-to-day basis, to prevent them from<br />

benefiting from verbally mediated interventions, such as education <strong>and</strong> offender behaviour<br />

work <strong>and</strong>, if not addressed, to contribute to reoffending’. 33<br />

Humber <strong>and</strong> Snow suggest that successful participation in interventions <strong>and</strong> programmes is<br />

reliant on <strong>language</strong> skills which include listening <strong>and</strong> underst<strong>and</strong>ing, finding non-literal<br />

meanings, processing conversation, formulating one’s own ideas <strong>and</strong> experiences into<br />

words, <strong>and</strong> the ability to participate in group <strong>and</strong> individual sessions. 34 They advise that the<br />

effectiveness of interventions will be significantly limited for those who have inadequate<br />

receptive <strong>and</strong>/or <strong>language</strong> skills. Programmes, interactions <strong>and</strong> interventions need to be<br />

carefully developed <strong>and</strong> delivered, with literacy, writing, speaking <strong>and</strong> listening dem<strong>and</strong>s set<br />

at the right level. This problem is not confined to the youth justice system. Research on<br />

general offending behaviour programmes for adults reached a similar conclusion. 35<br />

YOT practitioners must ensure that <strong>young</strong> people have fully understood the requirements of<br />

the statutory order <strong>and</strong> that they have the necessary information to carry out the order. 36<br />

There is evidence that children <strong>and</strong> <strong>young</strong> people who have been subject to enforcement<br />

procedures may have struggled to comply because of a lack of comprehension about<br />

expectations. 37 Even when adults think they have explained the expectations of orders <strong>and</strong><br />

the consequences of not complying, the message has not necessarily been understood.<br />

National St<strong>and</strong>ards for Youth Justice Services states that every effort should also be made to<br />

support the <strong>young</strong> person to successfully complete the order, 38 which suggests that the<br />

requirement is not just to provide information but also to take steps to check that it has been<br />

understood. This applies to written as well as verbal information. 39<br />

A 2010 thematic inspection of youth alcohol misuse <strong>and</strong> offending highlighted the variation<br />

amongst YOTs in relation to how they assess <strong>communication</strong> <strong>difficulties</strong> <strong>and</strong> noted that there<br />

tended to be an assumption that any specific needs in this area would previously have been<br />

picked up in an educational setting. 40 Crossing the Communication Divide: A toolkit for prison<br />

<strong>and</strong> probation staff working with offenders who experience <strong>communication</strong> <strong>difficulties</strong> lists a<br />

number of factors which may indicate that someone has a <strong>communication</strong> problem meriting<br />

further investigation as follows: 41


8 <strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law<br />

• Difficulty coping at school.<br />

• Poor achievement at school.<br />

• Attendance at any sort of special school.<br />

• Difficulty managing processes such as housing <strong>and</strong> benefits.<br />

• Not underst<strong>and</strong>ing court or probation processes.<br />

• Avoidance of situations that require <strong>communication</strong>, such as attendance at support groups.<br />

• Difficulty in providing information even when the other person present is clearly there to help.<br />

The toolkit provides some basic guidance which might help YOT staff to identify particular<br />

<strong>difficulties</strong>, as well as information on how to communicate more effectively with the <strong>young</strong><br />

person concerned <strong>and</strong> considerations for making written information more accessible. Basic<br />

strategies should include checking the <strong>young</strong> person’s level of underst<strong>and</strong>ing by asking the<br />

same question in different ways <strong>and</strong> allowing <strong>young</strong> people plenty of time to respond when<br />

being interviewed or in the course of general discussion. Another useful technique staff can<br />

adopt is to simplify the <strong>language</strong> they use as far as possible using open-ended questions <strong>and</strong><br />

grammatically simple sentences. The Communication Trust suggests that workers delivering<br />

youth justice services can positively interact with a <strong>young</strong> person with speech <strong>and</strong> <strong>language</strong><br />

<strong>difficulties</strong> by concentrating on the following:<br />

• Giving the <strong>young</strong> person extra time to listen to <strong>and</strong> underst<strong>and</strong> what is being said.<br />

• Asking what would assist them in promoting their underst<strong>and</strong>ing.<br />

• Emphasising specific words that they should focus on.<br />

• Ensuring that the <strong>young</strong> person gives their own explanation of what has been said to verify<br />

whether they fully underst<strong>and</strong> what is expected from them.<br />

• Giving the <strong>young</strong> person reminders of any future appointments.<br />

• Flagging anything the <strong>young</strong> person has said which the staff member does not underst<strong>and</strong>.<br />

• Providing the <strong>young</strong> person with a brief overview before providing them with a more indepth<br />

explanation.<br />

• Providing them with a wide variety of activities to encourage their engagement.<br />

• Providing them with positive encouragement <strong>and</strong> feedback.<br />

• Simplifying written materials using clear writing <strong>and</strong> underst<strong>and</strong>able terminology.<br />

• Speaking at a slower speed to facilitate their listening to what is being communicated.<br />

• Using short sentences with appropriate pauses to allow them to process new information.<br />

• Using uncomplicated <strong>language</strong> that the <strong>young</strong> person is familiar with.<br />

• Using visual tools to encourage their underst<strong>and</strong>ing.


<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law 9<br />

Developments<br />

A number of initiatives have emerged which attempt to address some of the youth justice<br />

system’s issues in dealing with <strong>young</strong> people’s speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong><br />

<strong>difficulties</strong>. Some of these are briefly described below.<br />

The Communication Trust<br />

The Communication Trust has been working with the YJB to increase the level of underst<strong>and</strong>ing<br />

of the importance of <strong>young</strong> people’s <strong>communication</strong> needs amongst the youth justice<br />

workforce, to improve skills <strong>and</strong> confidence within the sector, <strong>and</strong> to provide appropriate<br />

training. Its training materials are designed to help practitioners identify the links between a<br />

variety of <strong>communication</strong> needs including: dyslexia; dyspraxia; speech, <strong>language</strong> <strong>and</strong><br />

<strong>communication</strong> needs; autism spectrum disorder; <strong>and</strong> attention deficit hyperactivity disorder.<br />

As part of this awareness raising, a free guide has been produced called Sentence Trouble<br />

for individuals working in YOTs, secure children’s homes, secure training centres <strong>and</strong> <strong>young</strong><br />

offender institutions. 42 There is also a Sentence Trouble website which builds on this booklet<br />

<strong>and</strong> provides a forum for youth justice practitioners to share ideas <strong>and</strong> practice in relation to<br />

this area. 43<br />

Assessing need<br />

The Royal College of <strong>Speech</strong> <strong>and</strong> Language Therapists has long advocated that appropriate<br />

screening, assessment <strong>and</strong> interventions be made available to children <strong>and</strong> <strong>young</strong> people in<br />

the youth justice system. They are now launching a free e-learning tool called The Box:<br />

What’s it like to be inside which will be available to professionals in the justice system. 44<br />

As indicated earlier, the assessment by Asset that takes place when a <strong>young</strong> person is<br />

referred to a YOT is not designed to assess speech <strong>and</strong> <strong>language</strong> needs <strong>and</strong>, as such, does<br />

not have specific questions or a section that address this area. However, an assessment tool<br />

called the Oracy Profile has now been developed by Wrexham Youth Justice Service <strong>and</strong> the<br />

Education Learning <strong>and</strong> Achievement Department of Wrexham County Borough Council<br />

which seeks to identify any unrecognised <strong>communication</strong> <strong>difficulties</strong>. It is designed to raise<br />

awareness amongst staff of such problems, help them tailor their approaches to meet <strong>young</strong><br />

people’s needs <strong>and</strong> improve the effectiveness of interventions with those experiencing<br />

<strong>communication</strong> <strong>difficulties</strong>. In addition to the Oracy Profile, Wrexham Youth Justice Service<br />

has also developed a number of tailored interventions to help staff work with <strong>young</strong> people in<br />

the most appropriate way, according to their needs.<br />

Afasic is a UK charity which supports children <strong>and</strong> <strong>young</strong> people with speech, <strong>language</strong> <strong>and</strong><br />

<strong>communication</strong> needs, as well as their parents. It has developed a checklist of indicators for<br />

non-specialist staff, including those working in the youth justice system, to help them identify<br />

<strong>young</strong> people with speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> needs. In addition, it suggests a<br />

number of possible causes of problems <strong>and</strong> strategies for addressing them.


10 <strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law<br />

<strong>Speech</strong> <strong>and</strong> <strong>language</strong> therapy in YOTs<br />

Only a relatively small number of YOTs have had speech <strong>and</strong> <strong>language</strong> therapists seconded<br />

to their teams to date. One example is Leeds YOT which had a therapist providing support to<br />

<strong>young</strong> people subject to intensive supervision <strong>and</strong> surveillance programmes. The therapist’s<br />

role was to identify any speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> amongst the <strong>young</strong><br />

people, plan <strong>and</strong> co-ordinate appropriate interventions, support staff to become more aware<br />

<strong>and</strong> confident in dealing with affected <strong>young</strong> people <strong>and</strong> to evaluate any changes in their<br />

<strong>language</strong> <strong>and</strong> <strong>communication</strong> skills following the intervention. The evaluation found that,<br />

following a speech <strong>and</strong> <strong>language</strong> intervention, 75% of those completing the programme had<br />

made a significant improvement in every <strong>communication</strong> area targeted <strong>and</strong> 88% had made<br />

significant progress in their ability to underst<strong>and</strong> sentence formulation <strong>and</strong> in word<br />

association tasks. Leeds YOT staff are convinced of the value therapy adds <strong>and</strong> have<br />

recommended that a therapist role becomes an integral post in their team.<br />

Conclusion<br />

Raising awareness of the speech, <strong>language</strong> <strong>and</strong> <strong>communication</strong> problems that some <strong>young</strong><br />

people in trouble with the law experience is an important first step in starting to identify how<br />

best to respond. The indications are that a significant number have speech, <strong>language</strong> <strong>and</strong><br />

<strong>communication</strong> problems which have not been officially identified <strong>and</strong> which could be<br />

impacting on their behaviour <strong>and</strong> personal <strong>and</strong> social development. Although the number of<br />

studies undertaken to date appear to be small-scale, they also demonstrate that this is an<br />

area of unmet need.<br />

There are a number of useful resources available which can assist workers delivering youth<br />

justice services to <strong>young</strong> people. Further clarification on screening <strong>and</strong> assessment<br />

methodologies would also be useful, as would training that improves knowledge <strong>and</strong><br />

underst<strong>and</strong>ing amongst youth justice practitioners. However, this would need to be supported<br />

by the expertise of appropriate agencies, which would require a commitment from lead justice<br />

agencies, a greater commitment from health <strong>and</strong> education services, as well as the<br />

involvement of speech <strong>and</strong> <strong>language</strong> services.


<strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law 11<br />

References<br />

1 Talbot J (2010) Seen <strong>and</strong> Heard: Supporting vulnerable children in the youth justice system London: Prison Reform<br />

Trust<br />

2 See www.rcslt.org/about/campaigns/Criminal_justice_campaign_briefing (accessed 12 December 2010).<br />

3 Conti-Ramsden G, Botting N (2004) ‘Social <strong>difficulties</strong> <strong>and</strong> victimisation in children with SLI at 11 years of age’<br />

Journal of <strong>Speech</strong>, Language <strong>and</strong> Hearing Research vol 47 pp.145-161<br />

4 Linares-Orama N (2005) ‘Language-learning disorders <strong>and</strong> youth incarceration’ Journal of Communication<br />

Disorders vol 38 pp.311-319<br />

5 Lewis B (2007) Short <strong>and</strong> Long Term Outcomes for Children with <strong>Speech</strong> Sound Disorders available at<br />

www.literacyencyclopedia.ca/pdfs/Short-_<strong>and</strong>_Long-term_Outcomes_for_Children_with_<strong>Speech</strong>_Sound_<br />

Disorders.pdf (accessed 12 December 2010)<br />

6 Lindsay G, Dockrell J, Str<strong>and</strong> S (2007) ‘Longitudinal patterns of behaviour problems in children with specific<br />

speech <strong>and</strong> <strong>language</strong> <strong>difficulties</strong>: child <strong>and</strong> contextual factors’ British Journal of Educational Psychology vol 77<br />

pp.811-828<br />

7 Humber E, Snow P (2001) ‘The oral <strong>language</strong> skills of <strong>young</strong> offenders: a pilot investigation’ Psychiatry, Psychology<br />

<strong>and</strong> Law vol 8 pp.1-11<br />

8 Bryan K, Freer J, Furlong C (2007) ‘Language <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> in juvenile offenders’ International<br />

Journal of Language <strong>and</strong> Communication Disorders vol 42 pp.505-520<br />

9 Loucks N (2007) No One Knows – Offenders with Learning Difficulties <strong>and</strong> Learning Disabilities: Review of<br />

prevalence <strong>and</strong> associated needs London: Prison Reform Trust<br />

10 Bradley K (2009) The Bradley Report: Lord Bradley’s review of people with mental health problems or learning<br />

disabilities in the criminal justice system London: Department of Health<br />

11 Humber E, Snow P (2001) ‘The oral <strong>language</strong> skills of <strong>young</strong> offenders: a pilot investigation’ Psychiatry, Psychology<br />

<strong>and</strong> Law vol 8 pp.1-11<br />

12 Snow P, Powell M (2004) ‘Contemporary comments interviewing juvenile offenders: the importance of oral<br />

<strong>language</strong> competence’ Current Issues in Criminal Justice vol 16:2 pp.220-225<br />

13 This was contained in a transcript of evidence from the Royal College of <strong>Speech</strong> <strong>and</strong> Language Therapists put<br />

before the National Assembly for Wales on 4 November 2009 as part of the Culture <strong>and</strong> Communities Committee’s<br />

inquiry into youth justice.<br />

14 Crawford E, Bull R (2006) ‘Teenagers’ <strong>difficulties</strong> with key words regarding the criminal court process’ Psychology,<br />

Crime <strong>and</strong> Law vol 12(6) pp.653-667<br />

15 Humber E, Snow P (2001) ‘The oral <strong>language</strong> skills of <strong>young</strong> offenders: a pilot investigation’ Psychiatry, Psychology<br />

<strong>and</strong> Law vol 8 pp.1-11<br />

16 This was contained in a transcript of evidence from the Royal College of <strong>Speech</strong> <strong>and</strong> Language Therapists put<br />

before the National Assembly for Wales on 4 November 2009 as part of the Culture <strong>and</strong> Communities Committee’s<br />

inquiry into youth justice.<br />

17 I CAN is a charity that assists <strong>young</strong> people with speech <strong>and</strong> <strong>language</strong> <strong>difficulties</strong>. See www.ican.org.uk.<br />

18 British Institute of Learning Disabilities (2006) Factsheet: Learning disabilities available at www.bild.org.uk/<br />

docs/05faqs/Learning%20Disabilities%2006.pdf (accessed 12 December 2010)<br />

19 Professional Affairs Board of the British Psychological Society (2000) Learning Disability: Definitions <strong>and</strong> contexts<br />

Leicester: The British Psychological Society<br />

20 Loucks N (2007) No One Knows – Offenders with Learning Difficulties <strong>and</strong> Learning Disabilities: Review of<br />

prevalence <strong>and</strong> associated needs London: Prison Reform Trust<br />

21 This definition from www.mindroom.org.uk has been used to provide a simple explanation of the term. However, it<br />

should be noted that it may be defined differently elsewhere (accessed 12 December 2010).<br />

22 Bercow J (2008) Review of Services for Children <strong>and</strong> Young People (0-19) with <strong>Speech</strong>, Language <strong>and</strong><br />

Communication Needs Nottingham: Department for Children, Schools <strong>and</strong> Families<br />

23 Bishop D, Clarkson B (2003) ‘Written <strong>language</strong> as a window into residual <strong>language</strong> deficits: A study of children with<br />

persistent <strong>and</strong> residual speech <strong>and</strong> <strong>language</strong> impairments’ Cortex vol 39 pp.215-237<br />

24 Communication Trust (2009) Sentence Trouble London: Communication Trust<br />

25 Royal College of <strong>Speech</strong> <strong>and</strong> Language Therapists (2006) Speaking Out: Young offenders with <strong>communication</strong><br />

<strong>difficulties</strong> available at www.rcslt.org/about/<strong>young</strong>_offenders_<strong>and</strong>_criminal_justice/engl<strong>and</strong>_briefing_2010<br />

(accessed 12 December 2010)<br />

26 When reviewing information for this report, estimates varied between 1% <strong>and</strong> 10% <strong>and</strong> were based on different<br />

methodologies.<br />

27 Baker K, Jones S, Roberts C, Merrington S (2002) The Validity <strong>and</strong> Reliability of Asset: Findings from the first two<br />

years of the use of Asset Oxford: University of Oxford<br />

28 Bryan K, Freer J, Furlong C (2007) ‘Language <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong> in juvenile offenders’ International<br />

Journal of Language <strong>and</strong> Communication Disorders vol 42 pp.505-520


12 <strong>Speech</strong>, <strong>language</strong> <strong>and</strong> <strong>communication</strong> <strong>difficulties</strong>: <strong>young</strong> people in trouble with the law<br />

29 Harrington R, Bailey S (2005) Mental Health Needs <strong>and</strong> Effectiveness of Provision for Young Offenders in Custody<br />

<strong>and</strong> in the Community London: Youth Justice Board<br />

30 The study found no significant differences in the learning <strong>difficulties</strong> between the custodial <strong>and</strong> community<br />

populations.<br />

31 Crew M, Ellis N <strong>Speech</strong> <strong>and</strong> Language Therapy Within Bradford Youth Offending Team: Report outlining the<br />

findings of a six-month pilot project examining the speech <strong>and</strong> <strong>language</strong> needs of the clients within Bradford Youth<br />

Offending Team (2008) available at http://bradford-yot.co.uk/new_pdf/2008/SLT%20report%20Oct%202008%20<br />

final%20version.pdf (accessed 12 December 2010)<br />

32 Gregory J, Bryan K (2009) Evaluation of the Leeds <strong>Speech</strong> <strong>and</strong> Language Therapy Service Provision Within the<br />

Intensive Supervision <strong>and</strong> Surveillance Programme Provided by the Leeds Youth Offending Service available at<br />

www.leedsyos.org.uk/PDF/Leeds%20SLT%20report%20Jun%2010a.pdf (accessed 12 December 2010)<br />

33 Bercow J (2008) Review of Services for Children <strong>and</strong> Young People (0-19) with <strong>Speech</strong>, Language <strong>and</strong><br />

Communication Needs Department for Children, Schools <strong>and</strong> Families: Nottingham<br />

34 Humber E, Snow P (2001) ‘The oral <strong>language</strong> skills of <strong>young</strong> offenders: a pilot investigation’ Psychiatry, Psychology<br />

<strong>and</strong> Law vol 8 pp.1-11<br />

35 Davies K, Lewis J, Byatt J, Purvis E, Cole B (2004) An Evaluation of the Literacy Dem<strong>and</strong>s of General Offending<br />

Behaviour Programmes, Home Office Findings 233 London: Home Office<br />

36 Youth Justice Board (2009) National St<strong>and</strong>ards for Youth Justice Services London: Youth Justice Board (para 8.10)<br />

37 Hart D (2010) Children <strong>and</strong> Young People in ‘Breach’: A scoping report on policy <strong>and</strong> practice in the enforcement<br />

of criminal justice <strong>and</strong> antisocial behaviour orders London: National Children’s Bureau<br />

38 Youth Justice Board (2009) National St<strong>and</strong>ards for Youth Justice Services London: Youth Justice Board (para 8.18)<br />

39 ibid (para 8.14)<br />

40 HM Inspectorate of Probation (2010) Message in a Bottle: A joint inspection of youth alcohol misuse <strong>and</strong> offending<br />

Manchester: HM Inspectorate of Probation<br />

41 The toolkit is at www.kentprobation.org/documents/2010-03_Communications-Toolkit.pdf (accessed 12 December<br />

2010).<br />

42 Communication Trust (2009) Sentence Trouble London: Communication Trust<br />

43 See www.sentencetrouble.info.<br />

44 Futher information is available at www.rcslt.org/about/<strong>young</strong>_offenders_<strong>and</strong>_criminal_justice/intro.

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